SAVE THE DAVIS-MEEKER GARRY OAK
Press Releases
For Immediate Release May 28, 2024
Contact:
Michelle Peterson, 360 878-7689, michellepeterson.RN@gmail.com
Ronda Larson Kramer, 360 259-3076, ronda@larsonlawpllc.com
Court documents at https://www.davis-meeker-oak.org/copy-of-legal-documents-1
Hashtag: #tumwateroak
Citizens in Court to Protect Historic Garry Oak from City of Tumwater
OLYMPIA—The citizen’s group that obtained a court order on Friday, May 24 to prevent the City of Tumwater from cutting down a historic, state-protected 400-year-old Garry oak will be in court this Friday, May 31 at 9:00 a.m. before Judge Egeler, at 2000 Lakeridge Dr. S.W. Bldg. 3, Olympia, WA 98502.
At issue is a city motion to vacate the temporary restraining order issued by Judge Sharonda Amamilo of Thurston County Superior Court for the group Save the Davis Meeker Gary Oak.
The judge issued the TRO by request of attorney Ronda Larson Kramer to prevent immediate destruction of the oak, a state-protected species listed in the Tumwater Register of Historic Places. Larson Kramer has asked the court to retain the TRO and extend it for two months as a pair of nesting kestrels has been found in the tree and are protected under federal law.
Citizens organized earlier this month after Mayor Debbie Sullivan overrode the refusal of the city’s Historic Preservation Commission to remove the tree from the Tumwater Register of Historic Places. It was added in 1995 and is the only living thing on the register. The rest are area buildings. Ignoring the commission, Sullivan made an administrative decision to cut the tree down.
SDMGO has submitted motions to the court to keep the order in effect for four reasons:
Errors within the city-funded tree-risk matrix artificially elevated the risk of the tree from a moderate to high-risk rating. The decision for removal contradicts expert recommendations for “load reduction pruning” contained in that report by a contracted arborist. The report was primarily written in June of 2023. The timeline defined in the report was valid for a period of one year. The report is effectively moot because the timeline has already passed without incident.
“The arborist’s report produced for the City of Tumwater condemning this tree contains a litany of errors,” said Larson Kramer.
Because the oak is listed in the historic register, (Tumwater Municipal Code 2.62.060) a permit is required for removal. Mayor Sullivan claims that the code allows an exception to the permit requirement if an emergency exists. However, the code states that the emergency exception only allows repairs, not destruction, of something on the register (TMC 2.62.030(K)).
“Cutting down a tree is not a repair,” said Larson Kramer.
There is a mating pair of kestrels in a cavity in the tree. The female is leucistic or white, an uncommon genetic variation. The Federal Migratory Bird Treaty Act prohibits interference until the chicks have fledged. The nesting cycle for kestrels is normally two months and the requested extension of the TRO will protect them.
Mayor Sullivan gave the tribes only two weeks’ notice of her plan to cut the tree, though she received the flawed report she relied on seven months earlier. This violates requirements to offer early and appropriate consultation with tribes.
“The mayor merely carries out the laws that the council enacts,” said Larson Kramer. “The council is the body that has authority to stop this atrocious violation of the law by the mayor.”
Indigenous people for millennia used the old Cowlitz Trail where the tree is located. Later settlers traveled the route as a branch of the Oregon Trail; the tree became a landmark for them. Eventually, it was named after environmentalist Jack Davis who spearheaded a movement to preserve the tree from highway encroachment in 1984 and for pioneer settler Ezra Meeker.
SDMGO will be at the Tumwater City Council meeting on Tuesday, June 4 at 7 p.m. at the Tumwater City Hall, 555 Israel Rd. S.W. in Tumwater.
“The issue is the council members' inaction to save this tree,” said Michelle Peterson of Tumwater. “My mayor shouldn't steamroll this through. Last week, the Bellingham City Council enacted measures to protect landmark trees. This week, we should do the same; the council can lead the way.”
At the June 4 meeting, the group will request the council adopt a measure identical to one recently passed in Bellingham that protects heritage trees.
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For Immediate Release May 28, 2024
Contact:
Michelle Peterson, 360 878-7689, michellepeterson.RN@gmail.com
Ronda Larson Kramer, 360 259-3076, ronda@larsonlawpllc.com
Documents at Media Releases | Davis-Meeker Oak (davis-meeker-oak.org)
Hashtag: #tumwateroak
Group to Urge City Council Tonight to Preserve Tumwater Oak
A group of citizens will appear at a Tumwater City Council meeting tonight at 6 p.m., asking the council to override Mayor Debbie Sullivan’s administrative decision to cut down a 400-year-old Garry oak tree. The tree is located on the historic Cowlitz Trail, used for millennia by indigenous nations. Later the tree was a landmark on the trail when white settlers used it as a branch of the Oregon Trail. The oak is listed in the Tumwater Register of Historic Places and is a protected species under Washington state law.
“The issue is the council members' inaction to save this tree,” said Michelle Peterson of Tumwater and a member of Save the Davis Meeker Garry Oak “My mayor shouldn't steamroll them. Last week, the Bellingham City Council enacted measures to protect landmark trees. This week, we should do the same.”
Peterson and the group’s attorney Ronda Larson Kramer will request that the council pass a motion to turn the meeting from a workshop to an emergency meeting and to adopt a measure identical to one recently passed in Bellingham that protects heritage trees. A council workshop does not allow voting and action on issues as does a regular or emergency meeting.
“The mayor is an administrator, not a legislator,” said Larson Kramer. “She has overreached in strong arming the council and ignoring the Historic Preservation Commission.”
There is currently a temporary court order restraining Mayor Sullivan and the city from cutting the tree, issued Friday by Judge Sharonda Amamilo of Thurston County Superior Court.
It has since been discovered that a mating pair of kestrels is nesting in the tree and that the female is leucistic or white, an uncommon genetic variation.
“If there are nestlings or viable eggs in the tree, then cutting it down constitutes a ‘taking’ and is a violation of the Migratory Bird Treaty Act,” said Steve Ellis, a bird educator and writer.
The group is organizing supporters to appear at the city council’s scheduled workshop meeting on Tuesday May 28 at 6 p.m. at the Tumwater Fire Department Headquarters, EOC, 311 Israel Rd. SW, Tumwater, WA 98501 or by Zoom from the city’s website.
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FOR IMMEDIATE RELEASE May 24, 2024
Contact:
Michelle Peterson, 360 878-7689, michellepeterson.RN@gmail.com
Ronda Larson Kramer, 360 259-3076, ronda@larsonlawpllc.com
Judge Orders Stay of Axing of Historic Davis Meeker Garry Oak by City of Tumwater
OLYMPIA--On Friday Judge Sharonda Amamilo of Thurston County Superior Court issued a temporary restraining order preventing City of Tumwater from the destruction of a 400-year-old Garry oak that is a protected species and is listed in the Tumwater Register of Historic Places.
An attorney for the group Save the Davis Meeker Garry Oak obtained the order to prevent a needless and improperly applied use of city power to destroy the historic tree.
“Tumwater’s mayor spearheaded the misuse of a city code designed to protect historic structures and essentially turned the code on its head to claim it allows the cutting down of this historic tree without a permit,” said attorney Ronda Larson Kramer. “The city has now filed a motion to vacate the judge’s protection, ignoring the wishes of the citizens and the earlier decision by their own Historic Preservation Commission to retain the tree.”
On Saturday, May 25 at 4:00 p.m. the public is invited to the tree for a celebration to pay tribute to this 400-year tree and to honor its place in history as an important route marker along the historic Cowlitz Trail. It is located near the intersection of Capitol Boulevard SE and Almar Lane SE in Tumwater. There will be music, information, food and a community rally to save this important living part of Northwest history. People are invited to bring their instruments and food to share.
The tree’s historical name reflects its status as a landmark on the Cowlitz section of the Oregon Trail. The Cowlitz Trail was a north-south trail used for millennia by tribal nations. Later, the tree was a landmark used by white settlers heading to what is now Washington. The Garry or white oak is a state-protected species, and the Davis Meeker tree was listed on the Tumwater Register of Historic Places in 1995. It is the only living thing on the register as the rest of the listings are area historic buildings.
“This tree is still a landmark today, reminding us of our many cultural roots and of those who have passed this way for thousands of years,” said Michelle Peterson, group spokesperson. “At 400 years old, it is a middle-aged tree and we intend to protect it for the generations who follow us.”
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FOR IMMEDIATE RELEASE May 24, 2024
Contact: Ronda Larson Kramer
Ph: 360-259-3079, email: rlarsonkramer@gmail.com
Historic and Protected Tree to be Axed by Tumwater City Council Memorial Day Weekend
Part of Washington’s history is about to be irrevocably destroyed the weekend of May 24th. The Davis Meeker Garry Oak in Tumwater, Wash. is 400 years old and is a significant landmark on a trail dating back thousands of years. The white oak is also a state-protected tree species and a historic listed tree. The City of Tumwater intends to cut it down very soon.
Yellow Ribbon Event on Saturday, May 25, 4pm
Save the Davis-Meeker Garry Oak (SDMGO) has organized arborists, historians, naturalists and citizens from around the region to prevent the city’s imminent action. Assuming the oak is still standing by then, they will hold a yellow-ribbon tying event at the tree on Saturday, May 25, 2024, at 4pm, Capitol Blvd SE and Almar Lane SE. It will be a friendly, non-violent show of presence and support for the Davis Meeker Oak. Attendees are encouraged to bring yellow ribbons, signs, sign-making supplies to share, simple snacks and musical instruments.
"The report of the city's arborist condemning the tree contains a litany of mistakes. The arborist failed to use arboricultural best practices, ignored recommendations from more experienced parties, and created a report that is a generally poor reflection of the field of arboriculture," says arborist Beowulf Browers.
The tree’s historical name reflects its status as a landmark on the Cowlitz section of the Oregon Trail. The Cowlitz Trail was an east-west trail used for millennia by tribal nations. Later, the tree was a landmark used by non-indigenous settlers heading to what is now Washington.
“It stands as one of the most beautiful and majestic mature White Oaks in our area,” said Su Sikora of SDMGO. “This is not just any tree, but a tree with cultural importance, historic significance and community meaning, a beloved landmark known to many as the big beautiful tree by the airport.”
The Garry or white oak is a state-protected species, and the Davis Meeker tree was listed on the Tumwater Register of Historic Places in 1995.
On May 22, the Tumwater City Council met and failed to take any action to pass an ordinance to protect the tree, despite testimony from citizens and arborists. The council stated that it would instead respect the mayor's decision to cut the tree.
The citizen group said it is determined to stop the destruction of this magnificent tree and ensure its preservation for future generations and to make it safe for the oak stay where it is without threat to public safety. They are demanding that Tumwater City Council save and care for this irreplaceable piece of our heritage.